Except as provided in KRS 367.4911(9), the requirements of KRS 367.4905 to 367.4917 shall not apply to the following: (1) Excavation by an operator on its own easement except where that easement is crossed by another operator's facilities; (2) Routine road maintenance or railroad maintenance or repairs; (3) Tilling of soil for agricultural purposes; (4) Excavators excavating on private property, using nonmechanized equipment, if there is no encroachment on any operator's right-of-way or easement; (5) The opening of a grave in a cemetery; (6) A solid waste disposal site which is properly permitted; (7) Coal mining operations which are currently regulated under KRS Chapter 350; (8) A utility operator or utility operator subcontractor performing emergency work as defined in KRS 367.4903; (9) Leak migration testing using metal probes inserted by hand by an authorized representative of the operator; (10) Any nonintrusive excavating performed by an operator or his or her subcontractor to locate the operator's underground facilities in response to a notice of excavation from the notification center, if all reasonable precautions have been taken to protect the underground facilities; (11) Nonintrusive excavating to inspect or perform maintenance for an existing utility pole; or (12) Connection or disconnection of communications lines within a private or public easement or right -of-way by means of nonintrusive excavating when the depth of the excavations is not greater than twelve (12) inches and is completed within twelve (12) inches of a communications service provider's own communications network.
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